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Weekly Update Volume 31, Issue 10

The Ninth Circuit held that EPA has the power under the CAA to make de minimis exemptions to controls for sources of airborne particulate pollution, and that it was permissible for EPA to adopt de minimis levels for PM-10 pollution from the new source review (NSR) program in a federal implementation plan (FIP) for the Phoenix, Arizona, area. There is no explicit provision in the CAA prohibiting the exemption from controls for de minimis sources of PM-10 pollution. Therefore, EPA did not err in applying de minimis levels originally created for the NSR program in the Phoenix area FIP. Additionally, because the FIP was designed to bring the Phoenix area into compliance with the NAAQS, and because the NAAQS are public health standards, it was not necessary for EPA to analyze more specifically the effect of de minimis sources on public health. Further, EPA acted permissibly in considering NAAQS attainment deadlines in deciding whether to require controls on de minimis sources of PM-10 pollution. Ober v. Whitman, No. 98-71158 (9th Cir. Mar. 23, 2001) (14 pp.).

The Tenth Circuit affirmed in part and remanded in part a district court decision that although a city was encroaching on a water district's service area, the water district was not making service available because it was charging customers to build the water system infrastructure. The water district borrowed money from the Farmer's Home Administration pursuant to the Consolidated Farm and Rural Development Act, thereby gaining protection from competition under §1926 of the Act. The city did not dispute that it provided water service to the water district's service area in violation of §1926, but instead argued that §1926 does not apply because the water district did not make service available in the areas at issue. Although pipes-in-the-ground is the primary focus in considering whether a water district has made service available, the reasonableness of cost to be borne by a prospective customer is a relevant inquiry in determining whether the water district made service available under §1926. The legislative history of the Act reflects concerns with cost, and the language in the statute does not exclude consideration of costs. Therefore, with regard to one area at issue on remand, if the city can show that the water district's rates or assessments were unreasonable, excessive, and confiscatory, then the water district did not make service available under §1926. With regard to the other two areas at issue in the water district's service area, the district court properly denied the water district injunctive relief. For one area the relief would be premature, and for the other, the water district failed to show that it could service the area. Additionally, the water district may seek relief under 42 U.S.C. §1983, and may be entitled to reasonable attorneys fees if it prevails. Rural Water District No. 1 v. City of Wilson, Kansas, Nos. 98-3337 et al. (10th Cir. Mar. 22, 2001) (11 pp.).

The Ninth Circuit held that it lacked original jurisdiction under the NWPA to review an environmental group's petition to set aside a DOE order that provides a process for determining whether certain radioactive waste streams are waste incidental to reprocessing that are not considered high-level waste. NWPA §10139 grants the courts of appeals original and exclusive jurisdiction over an action for review of a final decision arising under Subchapter I Part A of the Act, which establishes procedures for the disposal of high-level radioactive waste and spent nuclear fuel in repositories. The DOE order at issue here, however, does not arise under the NWPA. The order was promulgated in accordance with the Atomic Energy Act to replace a previous DOE order on radioactive waste management and applies to the management of all high-level, transuranic, or low-level waste for which DOE is responsible. It is not a decision about siting of a repository, establishing federal responsibility for disposal of civilian radioactive waste, defining the relationship between the federal and state governments with respect to disposal of such waste and spent fuel, or establishing a Nuclear Waste Fund under Subchapter I Part A of the NWPA. Nor is the order a decision under any other part or subchapter of the NWPA. Therefore, the environmental group's action does not seek review of any decision that arose directly under the part of the NWPA that grants the courts of appeals original jurisdiction. Further, whether the NWPA is implicated whenever high-level waste is disposed is irrelevant to the question of whether the DOE order arose under Part A of the NWPA for purposes of the court's original jurisdiction. The court thus transferred the case to a district court. Natural Resources Defense Council, Inc. v. Abraham, No. 00-70015 (9th Cir. Mar. 28, 2001) (12 pp.).

The Tenth Circuit reversed and remanded for a new trial an individual's conviction for illegally transporting, receiving, and acquiring an elk taken in violation of Ute Tribe regulations and the Lacey Act. Although the illegal actions took place on Native American land, the government was not required to prove under 18 U.S.C. §1152 the non-Native American status of the individual because the Ute Tribe regulations apply to actions on state and Native American land. Further, the district court did not err in failing to dismiss the individual's case because the government lost a tape recording containing the interviews of witnesses. The district court did err, however, in failing to instruct the jury that it should weigh with caution and care the testimony of those witnesses that were alleged accomplices. The individual's conviction was based primarily on the uncorroborated testimony of accomplices. While there was other evidence that promoted the trustworthiness of the witnesses, there was no evidence adduced at trial beyond the witnesses' testimony that tied the individual to the crime. Therefore, a cautionary instruction was required. United States v. Gardner, No. 00-4113 (10th Cir. Mar. 22, 2001) (5 pp.).

A district court held that a waste management company is predominately responsible for leachate contamination at a municipal landfill site it covered and transferred to a park district and that the company's cleanup efforts failed to comply with the NCP. Considering the economic benefit to the parties, the park district's knowledge of the risks and acceptance of responsibility, the cause of the leachate problems, the parties' conduct, and the public interest, the park district should be allocated 5% of the liability for past and future response costs incurred at the site. Although the park district is the current owner of the site and acquired the site for free, those factors are not determinative in assessing liability. Additionally, the agreements that transferred the property avoided the issue of long-term environmental responsibility, and did not shift that responsibility to the park district as the company alleged. Further, evidence of inadequate site maintenance by the park district does not demonstrate that poor maintenance was primarily at fault for the site's problems. Moreover, the company did not responsibly follow through with needed mitigation measures over the years, despite persistent signs of leachate problems at the site. Finally, the company is not entitled to cost recovery from the park district for cleanup costs already incurred because the cleanup did not comply with the NCP. The company failed to provide a meaningful opportunity for public participation in the cleanup decisions affecting the site. Waste Management of Alameda County, Inc. v. East Bay Regional Park District, No. C98-0433 TEH (N.D. Cal. Mar. 20, 2001) (35 pp.).

A district court held that EPA should be granted access to three sites involved in an asbestos contamination investigation for all purposes, including to determine the need for response, to determine the appropriate response, and to effectuate response actions. The owner of the sites granted access to one site for soil sampling and other investigatory activities, but it is unclear whether access was granted for entry to the other two sites. In talks of possible locations for disposal of the contaminated soil present at the sites, EPA discussed an arrangement whereby the owner would be released from liability and given a covenant not to sue in exchange for EPA's use of the site it had access to as a disposal site and a 25% share in any amounts realized by the owner in the properties' sale. The entry EPA seeks is authorized under CERCLA, the site owner has obstructed EPA's right of entry, and EPA has a reasonable basis to believe that there may be a release or a threat of a release of a hazardous substance. Additionally, the demand for entry is not arbitrary and capricious, or an abuse of discretion. EPA seeks entry to one site for use as a disposal site for waste generated from the cleanup of the three sites. The company's own selection of that site as a repository for contaminated soil from its own properties proves that EPA's selection of the site is not arbitrary and capricious or an abuse of discretion. United States v. W.R. Grace & Co., No. CV 00-167-M-DWM (D. Mont. Mar. 9, 2001) (10 pp.).

A district court granted summary judgment to a residential construction company on homeowners' claims that the company failed to inform the homeowners of the prior use of the land on which the homes were built in violation of state and federal laws. The land in question was the site of a sand and gravel surface mine operation, and from time to time solid waste was deposited in the pits created by the mining operations. The pits were later filled with tree stumps, concrete, asphalt, and general construction debris. Before construction of homes on the site, several studies of the site's subsurface conditions found no hazardous materials or environmental contamination. The homeowners were never told of the prior use of the property, and after the closings on their homes, methane gas was discovered in three of the houses. The homeowners alleged that the company's failure to notify them of the past use of the property violated state and federal laws. However, because the conditions in the homes do not present an imminent and substantial endangerment, the homeowners cannot maintain a RCRA citizen suit. No credible evidence was presented that an immediate and serious risk of harm now exists if remedial action is not taken. Similarly, no public nuisance exists because the conditions in the development do not present an unreasonable interference with a right common to all members of the general public. Additionally, the homeowners' claims for fraud and concealment must fail. Statements about the reputation, workmanship, and prior use of the property were not made with the specific intent to defraud the homeowners, and there are insufficient facts to support the contention that the company knowingly withheld information with the intent to deceive the homeowners. Further, there was no breach of contract or express or implied warranties. There was, however, sufficient evidence to send to a jury the homeowners' claims of negligence and negligent misrepresentation. Adams v. NVR Homes, Inc., No. CIV H-99-846 (D. Md. Mar. 23, 2001) (87 pp.).

The California Supreme Court held that initiative measures generated and placed on the ballot by a public agency are not exempt from CEQA. The city of Sierra Madre enacted a historic preservation ordinance, and several owners of landmarked property claimed that their properties had been erroneously listed on the historic register. Under the ordinance, before the properties could be delisted, CEQA required an environmental impact report (EIR) assessing the impact of removing a landmark property from the registry. Because the property owners were reluctant to contribute to the cost of conducting an EIR, and because the city did not have the money, an initiative was placed on the ballot that, if passed, would enact an ordinance exempting the delisting of the properties from CEQA review. The ordinance passed. The city council erred, however, in placing the initiative on the ballot without first complying with CEQA. While ministerial projects to be carried out by public agencies, such as placing a voter-sponsored measure on a ballot, are exempt from CEQA compliance, there is a difference between voter-sponsored and city council-generated initiatives. There was no intention to exempt from CEQA any project that might cause a significant adverse impact on the environment. Voters who are advised that an initiative has been placed on the ballot by the city council will assume that the city council has done so only after making a study and thoroughly considering the measure's potential environmental impact. Therefore, before placing any such measure that may lead to voter approval of a project on the ballot, the public agency generating the measure must comply with CEQA. Further, if compliance leads to the preparation and consideration of an EIR, the information contained in the final EIR must be made available to the electorate for its consideration prior to the election. Friends of Sierra Madre v. City of Sierra Madre, No. S085088 (Cal. Mar. 29, 2001) (42 pp.).

EPA entered into a proposed administrative cost recovery settlement under CERCLA §122 in connection with the South Bay Asbestos site in San Jose, Cal. 66 FR 16675 (3/27/01).

EPA entered into a proposed administrative cost recovery settlement under CERCLA §122(i) in connection with the Hooper Sands site in South Berwick, Me. 66 FR 16939 (3/28/01).

PROJECT XL:

EPA issued a Project XL site-specific rulemaking for Georgia-Pacific Corporation's Big Island, Virginia, facility that provides the facility with a limited extension for complying with pulp and paper emission standards if its commercial scale, black liquor gasification system is not successful. 66 FR 16400 (3/26/01).

EPA proposed to approve site-specific revisions to the NESHAPS that pertain to the control of hazardous air pollutant emissions from the pulp and paper industry; the revisions would apply only to the Weyerhaueser Company's Flint River operations in Oglethorpe, Georgia, as part of the company's XL Project. 66 FR 16637 (3/27/01).

S. 618 (Specter, R-Pa.) (Valley Forge National Historical Park) would designate certain lands in the Valley Forge National Historical Park as the Valley Forge National Cemetery. 147 Cong. Rec. S2895 (daily ed. Mar. 26, 2001). The bill was referred to the Committee on Energy and Natural Resources. A companion bill, H.R. 1237, was introduced in the House this period.

S. 632 (Nelson, D-Fla.) (EPA) would reinstate a final rule promulgated by the EPA Administrator. 147 Cong. Rec. S2979 (daily ed. Mar. 27, 2001). The bill was referred to the Committee on Environment and Public Works.

S. 635 (Dodd, D-Conn.) (drinking water) would reinstate a standard for arsenic in drinking water. 147 Cong. Rec. S2979 (daily ed. Mar. 27, 2001). The bill was referred to the Committee on Environment and Public Works.

S. 636 (Lincoln, D-Ark.) (nuclear energy) would direct the Secretary of Energy to establish a decommissioning pilot program to decommission and decontaminate the sodium-cooled fast breeder experimental test-site reactor located in northwest Arkansas. 147 Cong. Rec. S3052 (daily ed. Mar. 28, 2001). The bill was referred to the Committee on Energy and Natural Resources.

S. 639 (Byrd, D-W. Va.) (hydroelectric power) would extend the deadline for commencement of construction of certain hydroelectric projects in West Virginia. 147 Cong. Rec. S3052 (daily ed. Mar. 28, 2001). The bill was referred to the Committee on Energy and Natural Resources. A companion bill, H.R. 1315, was introduced in the House this period.

S. 646 (Feingold, D-Wis.) (U.S. Army Corps of Engineers) would reform the U.S. Army Corps of Engineers. 147 Cong. Rec. S3152 (daily ed. Mar. 29, 2001). The bill was referred to the Committee on Environment and Public Works. A companion bill, H.R. 1310, was introduced in the House this period.

S. 655 (McCain, R-Ariz.) (Native American lands; income tax) would amend the Internal Revenue Code of 1986 to exempt from income taxation income derived from natural resources-related activity by a member of a Native American tribe directly or through a qualified Native American entity. 147 Cong. Rec. S3152 (daily ed. Mar. 29, 2001). The bill was referred to the Committee on Finance.

H.R. 1214 (Greenwood, R-Pa.) (solid waste) would authorize state and local controls over the flow of municipal solid waste. 147 Cong. Rec. H1187 (daily ed. Mar. 27, 2001). The bill was referred to the Committee on Energy and Commerce.

H.R. 1230 (Dingell, D-Mich.) (Detroit River International Wildlife Refuge) would provide for the establishment of the Detroit River International Wildlife Refuge in Michigan. 147 Cong. Rec. H1188 (daily ed. Mar. 27, 2001). The bill was referred to the Committee on Resources.

H.R. 1237 (Hoeffel, D-Pa.) (Valley Forge National Historical Park) would designate certain lands in the Valley Forge National Historical Park as the Valley Forge National Cemetery. 147 Cong. Rec. H1188 (daily ed. Mar. 27, 2001). The bill was referred to the Committees on Resources, and Veterans' Affairs. A companion bill, S. 618, was introduced in the Senate this period.

H.R. 1239 (Hunter, R-Cal.) (Native American lands) would establish a moratorium on approval by the Secretary of the Interior of relinquishment of a lease of certain tribal lands in California. 147 Cong. Rec. H1188 (daily ed. Mar. 27, 2001). The bill was referred to the Committee on Resources.

H.R. 1241 (John, D-La.) (ergonomics) would provide for the reissuance of a rule relating to ergonomics. 147 Cong. Rec. H1188 (daily ed. Mar. 27, 2001). The bill was referred to the Committee on Education and the Workforce.

H.R. 1245 (McKeon, R-Cal.) (water resources) would amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of a project to reclaim and reuse wastewater within and outside of the service area of the Castaic Lake Water Agency, California. 147 Cong. Rec. H1188 (daily ed. Mar. 27, 2001). The bill was referred to the Committee on Resources.

H.R. 1249 (Mink, D-Haw.) (agriculture) would ensure that crop losses resulting from plant viruses and other plant diseases are covered by crop insurance and the noninsured crop assistance program and that agricultural producers who suffer such losses are eligible for emergency loans. 147 Cong. Rec. H1189 (daily ed. Mar. 27, 2001). The bill was referred to the Committee on Agriculture.

H.R. 1251 (Napolitano, D-Cal.) (water resources) would amend the Reclamation Projects Authorization and Adjustment Act of 1992 to increase the federal share of the costs of the San Gabriel Basin demonstration project. 147 Cong. Rec. H1189 (daily ed. Mar. 27, 2001). The bill was referred to the Committee on Resources.

H.R. 1252 (Sanders, I-Vt.) (SDWA) would amend the SDWA to change the drinking water standard for arsenic from 50 parts per billion to 10 parts per billion by fiscal year 2003 and to 3 parts per billion by fiscal year 2006 and to authorize $800 million to provide grants to small public drinking water systems to assist them in meeting these standards. 147 Cong. Rec. H1189 (daily ed. Mar. 27, 2001). The bill was referred to the Committee on Energy and Commerce.

H.R. 1275 (Johnson, R-Kan.) (energy, income taxes) would amend the Internal Revenue Code of 1986 to allow a credit against income tax for certain energy-efficient property. 147 Cong. Rec. H1294 (daily ed. Mar. 28, 2001). The bill was referred to the Committee on Ways and Means.

H.R. 1288 (Kelly, R-N.Y.) (airport noise) would amend title 49, United States Code, relating to the airport noise and access review program. 147 Cong. Rec. H1344 (daily ed. Mar. 29, 2001). The bill was referred to the Committee on Transportation and Infrastructure.

H.R. 1309 (Johnson, R-Conn.) (conservation; income tax) would amend the Internal Revenue Code of 1986 to encourage contributions by individuals of capital gain real property for conservation purposes, would encourage qualified conservation contributions, and would modify the rules governing the estate tax exclusion for land subject to a qualified conservation easement. 147 Cong. Rec. H1344 (daily ed. Mar. 29, 2001). The bill was referred to the Committee on Ways and Means.

H.R. 1310 (Kind, D-Wis.) (U.S. Army Corps of Engineers) would reform the U.S. Army Corps of Engineers. 147 Cong. Rec. H1344 (daily ed. Mar. 29, 2001). The bill was referred to the Committee on Transportation and Infrastructure. A companion bill, S. 646, was introduced in the Senate this period.

H.R. 1315 (Mollohan, D-W. VA.) (hydroelectric power) would extend the deadline for commencement of construction of certain hydroelectric projects located in West Virginia. 147 Cong. Rec. H1344 (daily ed. Mar. 29, 2001). The bill was referred to the Committee on Energy and Commerce. A companion bill, S. 639, was introduced in the Senate this period.

Studies show no evidence of methyl-tertiary butyl ether (MTBE) in drinking water in Alabama. State regulations require that only specified types of gasoline be sold in Jefferson and Shelby counties during the ozone season (June 1-Sept. 15). Gasoline must be low vapor pressure/low sulfur or federal Phase II Reformulated gasoline.See http://www.adem.state.al.us/EduInfo/PressReleases/3gassam.htm

Seasonal Open Burning Ban Extended

To Lawrence and Montgomery counties, May-Sept. A phased-in ban will begin this year in those counties. The first phase will require any individual or organization conducting this type of burning to use an "air curtain incinerator." Beginning in 2002, open burning will be prohibited in those counties during the ozone season. Open burning is currently banned in Baldwin, Jefferson, Madison, Mobile, and Shelby counties during these same months. See http://www.adem.state.al.us/EduInfo/PressReleases/3burnin.htm

Legislation signed into law last year, S.B. 273, required the Alaska Railroad and non-tanker sea-going vessels of 400 or more gross tons to demonstrate the ability to pay for responding to oil spills and proposed a response planning standard (cleanup 15% of the vessel’s maximum oil storage capacity within 48 hours of an oil spill). The legislature established a task force to make recommendations on how industry should be allowed to implement the response planning standard. Enacted Senate Bill 16 incorporates the task force recommendations on how to implement the standard. See http://www.state.ak.us/local/akpages/ENV.CONSERV/press/2001/rel_0319.htm

Purpose of rulemaking is to address statutory changes that will continue the monitoring assistance program until Jan. 1, 2005, and make several changes related to uses of program funds. See http://www.sosaz.com/aar/2001/11/docket.pdf

Final Regulations-Air Quality

New sections R18-2-310 and 18-2-310.01, amended sections R18-2-313, 18-2-724; amendments to affirmative defense provisions for excess emissions in R18-2-310 in order to include an approvable affirmative defense mechanism in the SIP. The rule will continue the affirmative defense for certain excess emissions due to malfunctions, startups, and shutdowns. ADEQ has modified the criteria for the affirmative defense categories to ensure EPA approval of the SIP. The revisions clarify when affirmative defenses can be used and the steps a source must take to utilize an affirmative defense. See http://www.sosaz.com/aar/2001/10/final.pdf

Final Regulations-Drinking Water Quality

Amended regulations intended to improve the operator certification program, bring Arizona's operator certification program into alignment with operator certification programs in other states, and avoid possible cuts in U.S. EPA grant funding. The rules establish the requirements for certification and classification, examinations, renewal of certificates, expired certificates, revocation, reciprocity for out-of-state applicants, and experience and education. The amendments also repeal fees associated with exams, certification, and renewals, given that third parties will likely administer examinations. DEQ is finalizing a Request for Proposal pursuant to which parties interested in becoming examiners will submit proposals to DEQ. See http://www.sosaz.com/aar/2001/10/final.pdf

Final Regulations-Voluntary Best Management Practices for Grazing Activities

Four voluntary best management practices were developed by the Grazing Best Management Practices Advisory Committee for persons engaging in livestock grazing. The practices, ranging from managing grazing activities, installing rangeland improvements, and implementing land treatments, have the goal of maintaining soil cover and preventing accelerated erosion, nitrogen discharges, and bacterial impacts to surface waters above natural background amounts to help achieve surface water quality standards. These voluntary standards have been submitted to the Governor's Regulatory Review Council for review at their Apr. 3 meeting. See http://www.adeq.state.az.us/lead/oac/stat.html#grazing

Emergency rulemaking Mar. 23 revising Regulation No. 23, the Arkansas Hazardous Waste Code. As a result, the Commission has added the former Baird Manufacturing, Inc., facility at Clarendon to the State Priority List for remedial hazardous waste action contained in Regulation No. 23. DEQ asked for the Commission action after Piper Inc., which leased the plant site from the City of Clarendon and subleased the land to Baird Manufacturing, declined to take actions outlined in an Emergency Order which Richard A. Weiss, interim ADEQ director, issued earlier this month. See http://www.adeq.state.ar.us/custsvs/pa/default.htm

Proposed Regulations-Assessment of the Impacts of Transported Pollutants on Ozone Concentrations

The assessments establish ozone transport couples, which are air basins or air pollution control districts from which transported pollution originates and in which transported ozone and ozone precursors affect air quality. The assessments are a preliminary step in determining appropriate mitigation requirements. The Board approved the first assessment in Aug. 1990, with updates in Aug. 1993 and Nov. 1996. This report is the third update to the original assessments of Aug. 1990. Hearing Apr. 26; comments are due Apr. 25. See http://www.arb.ca.gov/regact/trans01/trans01.htm and http://www.arb.ca.gov/regact/trans01/notice.htm

Proposed Regulations-Alternative Control Plans

Apr. 5 workshop to discuss possible amendments to the Alternative Control Plan (ACP) regulation (Title 17, California Code of Regulations, §§94540-94555). The ACP regulation is an emissions averaging program or "bubble" that ensures that the total volatile organic compound emissions from products selected by participating manufacturers do not exceed the emission level that would occur if the products were reformulated to meet the limits in the consumer products regulation. See http://www.arb.ca.gov/consprod/regact/acp2000/acp2000.htm and http://www.arb.ca.gov/consprod/regact/acp2000/acp2.htm

Proposed Regulations-California Motor Vehicle Service Information

For implementation of S.B. 1146. The regulations will require motor vehicle manufacturers to make available emission-related service information, and information that will ensure wide availability of diagnostic scan tools, reprogramming equipment and emission-related replacement components. The regulations will specify the type of information required for disclosure, the manner by which this information is to be made available, and enforcement actions for non-compliance. Public workshop Apr. 18. See http://www.arb.ca.gov/msprog/mailouts/mso0104/mso0104.pdf

Dept. of Toxic Substances Control

Fact Sheet-Management of Cathode Ray Tubes (CRTs)

Available at http://www.dtsc.ca.gov/docs/hwmp/docs/CRTsfsv5.pdf and http://www.ciwmb.ca.gov/Electronics/RegIssues/mffdtsc.htm DTSC will continue to focus enforcement of management of CRTs on a complaint/response basis and on violations of the hazardous waste regulations that present immediate and significant risks to public health or the environment. DTSC is currently considering a new regulatory process to deal with these kinds of materials. Meanwhile, the Integrated Waste Management Board (CIWMB) recommends that local enforcement agencies (LEAs) work with solid waste facility operators to keep CRTs from being disposed in municipal solid waste landfills. There may be businesses that recycle electronic goods that will accept this electronic equipment or non-profit agencies that will accept working equipment and direct them to new owners. At a minimum, CRTs should be removed from the waste stream and placed on an impervious surface for eventual collection.

Board adopted emergency regulations for the transfer/processing of putrescible waste. Previous regulations provided that if an activity only receives material that has been separated for reuse prior to receipt, and the residual amount of solid waste in this material is less than 10% of the amount separated for reuse material received by weight, it is not subject to the Board’s transfer/processing operation and facility regulations. The emergency regulations clarify that all "putrescible waste" received as separated for reuse material counts toward the "residual" amount. Activities that receive materials with a residual amount equal to or greater than 10% will be subject to the Board’s transfer/processing operation and facility regulations. The Board will further discuss the issues associated with the transfer/processing of putrescible wastes at the Apr. 24-25 meeting.

The Board initiated a 45-day comment period to address revisions to the waste tire regulations. Assembly Bill (AB) 1843 (Brown, Statutes of 1989) established the waste tire program and required the Board to adopt emergency and final regulations for permitting of waste tire storage facilities. The California Integrated Waste Management Board (Board) adopted emergency regulations on June 26, 1991, and final regulations on August 25, 1993. On May 9, 1996, the Board’s Waste Tire Hauler Regulations became effective pursuant to Senate Bill (SB) 744 (1993 statutes). On Jan. 29, 1998, the Board adopted emergency regulations to remove certain exclusions from the regulations regarding who needs to acquire a waste tire facility permit. These emergency regulations became final this past year. AB 117 (Escutia) was signed into law in 1998 requiring the Board to prepare a report to the legislature on the current waste tire program and to make recommendations by June 30, 1999, for needed changes. The Board adopted the final version of the report "California Waste Tire Program Evaluation and Recommendations" (Tire Report) at its June 22, 1999, meeting. Since the passage of AB 1843 (1989 statutes) and SB 744 (1993 statutes) the Board has been regulating the storage, disposal, and hauling of waste tires. This last year SB 876 (Escutia) was passed by the Legislature to make changes to the tire management statutes in order to better serve the regulated community and to protect public health and safety and the environment. The Board staff has proposed changes in the existing regulations to implement, interpret, and make specific the provisions of SB 876, as well as implementing certain recommendations from the AB 117 Tire Report. See http://www.ciwmb.ca.gov/RuleArchive/2000/Exclusions/

Proposed Regulations-Withdrawal of LEA Designation

These regulations establish a procedure for local governing body withdrawal of LEA designation, Board withdrawal of LEA designation approval, partial or full decertification, or temporary suspension of certification. The Permitting and Enforcement Committee approved these draft regulations in July 1998 for public notice. As a result of comments received after the Permitting and Enforcement Committee action the Board did not initiate a public comment period. Revised text is currently under development. The Board discussed the revised text at its March 20-21, 2001, meeting. The Board will consider approval of the regulations for a 45-day comment period at its April 24-25, 2001 meeting. See http://www.ciwmb.ca.gov/Rulemaking/leadsign/

Proposed Regulations-Insurance as a Financial Assurance Demonstration-45-Day Comment Period

Proposed regulatory amendments of two related financial assurance demonstration requirements under the general term of 'insurance.' The first is a proposed amendment of the regulations specifying that captive insurance is not an acceptable form of insurance to the Board as a financial assurance demonstration. The second is a proposed amendment to the Board's current Certificate of Insurance for Closure, Postclosure Maintenance and Reasonably Foreseeable Corrective Action (CIWMB 106). The Board granted approval to begin a 45-day public comment period on June 20, 2000. Staff submitted the package to the OAL on March 19, 2001. OAL published the regulations on Mar. 30, commencing a 45-day public comment period. See http://www.ciwmb.ca.gov/Rulemaking/Insuranc/

Proposed Regulations-Nonhazardous, Nonputrescible, Industrial Waste

These regulations set permitting and operational standards for hazardous waste disposal facilities that accept for disposal certain nonhazardous, nonputrescible, industrial solid wastes within a hazardous waste management unit. OAL approved emergency regulations July 31, 2000. The emergency regulations became effective on October 1, 2000. OAL approved an extension through May 30, 2001. Board staff has initiated the process to adopt permanent regulations. The Board conducted a public workshop on Jan. 17, 2001, to discuss the proposed permanent regulations. At its Mar. 20-21 meeting, the Board approved the proposed permanent regulations to be noticed for 45-day public comment period. Staff is currently preparing the regulation package for noticing. See http://www.ciwmb.ca.gov/Rulemaking/nonhaz/

Proposed Regulations-Compostable Materials

Placement of solid waste facilities and operations that handle compostable materials (green material--not composted, woody material--not composted) into regulatory tiers, development of minimum standards, and adjustment of existing regulations to accommodate the above placement. Public workshops in Sept. 1999 were focused on odor monitoring and enforcement at compostable materials handling sites, as well as on regulatory concepts for the revision of the composting regulations. From early July through early Aug. 2000, in 8 venues throughout the state, the Board held workshops to discuss proposed changes to the regulations. Staff analyzed the information gathered at the workshops and revised the draft regulations accordingly. In Dec. 2000, Board staff solicited feedback from an external working group and in Jan. 2001, revised the regulations based on this feedback. The Board discussed issues related this package at its Feb. 20-22, 2001 meeting. The Board will consider approval of the regulations for a 45-day public comment period at itsApr. 24-25 meeting. See http://www.ciwmb.ca.gov/Rulemaking/organics/default.htm

Proposed Regulations-Tire Monofills

Staff is currently working on the permitting of tire monofills under the solid waste regulations. Staff distributed draft regulations for comment on Mar. 7. The Board held a public workshop on Mar. 12 to discuss the draft regulations. The Board will consider approval of the regulations for a 45-day public comment period at its Apr. 24-25 meeting. See http://www.ciwmb.ca.gov/Rulemaking/Monofill/

SWRCB is seeking data and information on the quality of surface waters of the state. The SWRCB has asked the nine Regional Water Quality Control Boards (RWQCBs) to solicit this information from the public on its behalf. The information gathered will be used in various assessments of the state’s waters including the development of a submission to the U. S. EPA required by federal Clean Water Act (CWA) §303(d). This submission will be developed by the SWRCB and will provide EPA with a revised list of waters considered by the state to be impaired (not attaining water quality standards) after certain required technology based water quality controls are in place. It is anticipated that this submission will be provided to EPA by April 2002, as required by federal regulations. The submission will be based on information and data available to the SWRCB and the RWQCBs. The information gathered in this solicitation will also contribute to the preparation of the 2002 federal CWA §305(b) Report on Water Quality. Information should be submitted directly to RWQCBs by May 15. See http://www.swrcb.ca.gov/news/index.html

Amended Rule 2011-Requirements for Monitoring, Reporting, and Recordkeeping for Oxides of Sulfur (SOx) Emissions and Rule 2012-Requirements for Monitoring, Reporting, and Recordkeeping for Oxides of Nitrogen (NOx) Emissions, see http://www.aqmd.gov/hb/010337a.html

Final public hearing May 11. See http://www.aqmd.gov/hb/010335a.html The proposal includes: Temporarily separating power plants from the RECLAIM market for the next several years and requiring them to install air pollution controls on an expedited schedule; establishing a mitigation fee program, where power plants would pay to AQMD $7.50 per pound of nitrogen oxide emissions in excess of their RECLAIM credit holdings. AQMD would use the fees collected to seek emission reductions from mobile, area, and stationary sources. Excess emissions would be deducted from the facility's future account holdings. Once emission reductions were generated from the mitigation fees, deductions would be credited back to the facility's account; requiring other RECLAIM facilities that do not produce electricity but do emit more than 50 tons per year to submit compliance plans demonstrating how future RECLAIM allocations can be met; and creating a short-term Air Quality Investment Program for new and some small RECLAIM facilities to offset nitrogen oxide emissions by paying a fee of $7.50 per pound. In a related action, the Board agreed to pre-fund this program with $2 million.

Proposed Regulations-Priority Reserves

Proposed Amended Rule 1309.1-Priority Reserve would allow power plants to purchase PM10 emission reduction credits from AQMD's Priority Reserve for $25,000 per pound per day through 2003. AQMD's Priority Reserve is an account of emission reduction credits now available only to essential public service providers, such as publicly owned sewage treatment plants, as well as innovative technology and research projects. Public hearing Apr. 20. See http://www.aqmd.gov/hb/01032a.html

Proposed Regulations-New Source Review/RECLAIM

Rules 1303-Requirements and 2005-New Source Review for RECLAIM: The proposed amendments will revise the applicable modeling requirements in several subregions of the SCAQMD that are in attainment with state and federal ambient air quality standards. New or modified sources in attainment subregions will be allowed to increase their emissions provided such increase over the measured background concentration will not violate any air quality standard; BACT will be utilized; and offsets will be provided. Modeling requirements for sources in non-attainment subregions will remain the same. Public hearing Apr. 20. See http://www.aqmd.gov/hb/01032a.html

Regulations IX-Standards of Performance for New Stationary Sources, and X-National Emission Standards for Hazardous Air Pollutants: Local air districts are authorized by EPA to implement federal standards set in 40 CFR Part 60, Standards of Performance for New Stationary Sources and Part 61, National Emission Standards for Hazardous Air Pollutants (HAPs). Periodic amendments to Regulations IX and X incorporate the new or amended standards by reference. Nine actions regarding NSPS and one NESHAP are proposed for incorporation into Regulations IX and X, respectively. Three of these changes will reduce HAPs. The others include clarifications and corrections, administrative changes, and changes to test methods and monitoring. Public hearing Apr. 20. See http://www.aqmd.gov/hb/01032a.html

Proposed Regulations-Toxic Air Contaminants

Public workshop Mar. 29 on proposed amendments to Rule 1401–New Source Review of Toxic Air Contaminants, to update the list of toxic air contaminants (TACs) and to request comments on potential impacts for facilities subject to Rule 1402–Control of Toxic Air Contaminant Emissions from Existing Sources. Rule 1401 applies to new, modified, or relocated permit units and establishes risk-based thresholds for cancer and noncancer (acute and chronic) TACs. Rule 1402 applies to facility-wide TAC emissions and likewise sets risk-based thresholds for cancer and noncancer impacts. See http://www.aqmd.gov/pub_edu/notice_r1401_1402_2.html

Proposed Regulations-School Buses

Proposed Rule 1195-Clean On-Road School Buses. The measure is the eighth in a series aimed at shifting the region's fleets of transit buses, trash trucks, taxis, and other vehicles from diesel-powered to lower-emission and alternative fuel models. Under the proposal, school districts and private school bus fleet operators of 15 or more school buses would be required to purchase an alternative fuel bus when adding to an existing fleet or forming a new one. Fleet operators would be exempt from the rule if funding is not available to cover the cost difference between a new diesel-powered and a new alternative fuel-powered bus. Operators also would be exempt until July 1, 2003, if their equipment yard is more than five miles from an alternative fuel station. Public hearing Apr. 20. See http://www.aqmd.gov/news1/Governing_Board/Bs2_16_01.htm#Rule_1195 and http://www.aqmd.gov/news1/Fleet_Rule_Home.htm

Mar. 29 workshop concerned proposed amendments to Rule 1401–New Source Review of Toxic Air Contaminants, to update the list of TACs and to request comments on potential impacts for facilities subject to Rule 1402–Control of Toxic Air Contaminant Emissions from Existing Sources. Rule 1401 applies to new, modified, or relocated permit units and establishes risk-based thresholds for cancer and noncancer (acute and chronic) TACs. Rule 1402 applies to facility-wide TAC emissions and likewise sets risk-based thresholds for cancer and noncancer impacts. The workshop was held to solicit comments regarding the proposed Rule 1401 amendments and potential Rule 1402 impacts. On June 15, 2001, a public hearing is scheduled for Proposed Amended Rule 1401 and a Report to the Board for Rule 1402 on the impacts resulting from the updated list of TACs. See http://www.aqmd.gov/pub_edu/notice_r1401_1402_2.html

COLORADO

Air Quality Control Commission

Proposed Regulations

The Commission will consider revisions to its Long Term Strategy for the Class I Area Visibility Protection Element of the SIP regarding resolution of the Certification of Visibility Impairment in the Mount Zirkel Wilderness Area for the Craig Power Generating Station. The Commission will consider a proposal to establish emission limits, schedules for compliance, and reporting requirements as an alternative to the process of making regulatory determinations such as the identification and application of Best Available Retrofit Technology. Hearing date is Apr.19. See http://www.cdphe.state.co.us/op/Visibility_LTS_02_01.htm

Revisions to the Common Provisions Regulation regarding the adoption of provisions that would provide an affirmative defense argument in enforcement actions for excess emissions during startup and shutdown. Hearing June 21. See http://www.cdphe.state.co.us/op/Com_Prov_06_01.htm

Possible revisions of Regulation Number 11; proposal pending to modify the vehicle repair waiver limit under the program. Vehicles failing the enhanced vehicle emissions inspection are eligible for a waiver of repair costs if the vehicle repairs necessary to bring the emissions into compliance exceed $450. The Commission may consider increasing the repair waiver limit, decreasing the repair waiver limit, eliminating the repair waiver altogether, or taking no action at all. Hearing June 21. See http://www.cdphe.state.co.us/op/Reg11_06_01.htm

Proposed revisions to Regulation No. 8, Part A and Part E to adopt EPA revisions and updates to the National Emission Standards for Hazardous Air Pollutants and Maximum Achievable Control Technology standards. The Commission will consider the adoption of minor amendments to stationary source testing and monitoring rules, the adoption of Performance Specification 15, and reformatting the requirements with technical/editorial revisions. The Commission will also consider clarification and redefinition of terms, adoption of new emission limitations for exterior primers on large commercial aircraft, modifications to certain standards in Part E.III.M,P,Q,R,S, and X, and regulations implementing provisions for stationary source combustion turbines. Hearing June 21. See http://www.cdphe.state.co.us/op/Reg8A&E_06_01.htm

Hearings May 15 and July 9: Supplemental Hearing Notice. For consideration of the adoption of revised water quality classifications, standards, and designations for multiple segments in the San Juan and Dolores River Basins, Regulation #34 (5 CCR 1002-34), the Gunnison and Lower Dolores River Basins, Regulation #35 (5 CCR 1002-35), and the Lower Colorado River Basin, Regulation #37 (5 CCR 1002-37). The original notice for this rulemaking, dated Nov. 22, 2000, called for a Mar.12, 2001, rulemaking hearing. Since that time, the Commission has decided to bifurcate and reschedule the hearing on the issues to be considered. See http://www.cdphe.state.co.us/op/wqcc/0107lowercolo2.pdf

May 14 comment deadline (no hearing) regarding (1) revisions to the Basic Standards and Methodologies for Surface Water, Regulation #31 (5 CCR 1002-31) to make corrections to Table III and (2) revisions to the Classifications and Numeric Standards for the Arkansas River Basin (Regulation #32), the Upper Colorado River Basin and North Platte River (Regulation #33), and the Rio Grande Basin (Regulation #36), (5 CCR 1002-32, 33 and 36), to make these regulations consistent with revisions to the Basic Standards and Methodologies for Surface Water resulting from a July 2000 rulemaking hearing. See http://www.cdphe.state.co.us/op/wqcc/0514metalswcrm.pdf

DEP proposed a TMDL for phosphorous with a limit of 140 metric tons per year. The average phosphorous load has been 498 metric tons each year for the last 5 years. The proposal also includes an allocation, management, and implementation strategy. A public hearing, if requested in a timely manner, would be held on Apr. 9. See http://www.dep.state.fl.us/comm/releases/2001/01-067.htm

DEP is proposing numerous changes to Chapter 62-701, F.A.C., regarding solid waste landfills, construction and demolition debris facilities, transfer stations, and materials recovery facilities. New definitions have been added; changes have been made to the operator training requirements; revisions to the landfill construction requirements pertaining to the standards for geosynthetic components; changes to the groundwater monitoring requirements; consolidation and clarification of the gas system requirements for landfills; a new waste processing facilities section has been added; changes made to the financial assurance requirements regarding the filing date for updated closure cost estimates; and revisions to the general permit for construction and demolition debris facilities, as well as to forms for permit transfers and for estimation of closure cost estimates for financial assurance. Hearing was Mar. 29.

Proposed Regulations-Air Quality

Proposed amendments would introduce a new Application for Transfer of Air Permit form (DEP Form 61-210.900(7)).

Proposed rule amendments would clarify when separate processing of an Acid Rain Part of a Title V permit may be requested, clarify that an Acid Rain Part issued separately from a Title V permit is not a separate permit, allow the permit duration of an initial Title V permit for Acid Rain sources to be less than five years, change the phrase "material balance" to "inventory balance," clarify that an asbestos manufacturing and fabrication facility must have obtained an air construction permit prior to using a Title V air general permit, clarify who is liable for corrective actions when a facility with a Title V permit is transferred, clarify that a Title V permit shall only be issued for a new term through the renewal process, and clarify that when a permit condition is changed, both the revised and superseded conditions shall remain in the permit for the duration of the term with an effective date for the revised condition. See http://www.dep.state.fl.us/air/regulate/project/norm97.pdf

Proposed Regulations-Identification of Impaired Surface Waters

The purpose of the proposed new rule is to establish a methodology to identify impaired waters that will be included on the state’s verified list of impaired waters, for which the Department will calculate TMDLs, pursuant to subsection 403.067(4), Florida Statutes (F.S.), and which will be submitted to the U.S. EPA pursuant to CWA §§303(d)(1)(A) and 303(d)(1)(C). As directed by 403.067, F.S., the development of the state’s 303(d) list will be a two-step process; waters will first be identified as potentially impaired and then any impairment will be verified before listing the water. The rule implements this statutory direction by providing a methodology to identify surface waters of the state that will be included on a "planning list" of waters. Pursuant to subsections 403.067(2) and (3), F.S., the DEP will evaluate the data used to place these waters on the planning list, verify that the data meet quality assurance and data sufficiency requirements of the "verified list," and collect additional data, as needed, to complete the assessment. The rule also provides information about the listing cycle, the format of the verified list, and delisting procedures. Hearing Apr. 26.

Rule amendment will modify the circumstances in which Form No. 42.10-005 must be submitted. The amendment will effectively create an exemption from the requirement to submit the form for irrigation wells constructed on residential property of one acre or less.

Proposed amendments will remove several exemptions from environmental resource permitting, specifically for projects that had received some form of regulatory or governmental approval prior to Oct. 1, 1984. Those projects will now be required to obtain environmental resource permits.

Proposed regulations will implement the Everglades Forever Act by mandating a 25% reduction in the total phosphorus load discharged from the Everglades Agricultural Area. See http://www.sfwmd.gov.rules

Proposed Regulations

Proposed amendments would clarify the District's interpretation of the statutory scope of the consumptive use program.

Proposed regulations would establish minimum flows and levels for Lake Okeechobee, the Everglades, the Biscayne Aquifer, the Lower West Coast Aquifers, and the Caloosahatchee River.

Proposed rules would implement the Everglades Forever Act by addressing annual average loading of phosphorus.

Proposed rules would create a regional water shortage plan for Lake Okeechobee. See http://www.sfwmd.gov/

Dept. of Community Affairs-Fla. Coastal Management Program

Proposed Regulations-Grant Funds

Proposed rules are intended to clarify the Florida Coastal Management Program competitive subgrant application process and improve the overall operation of the competitive award program. A public hearing, if timely requested, would be held on Apr. 4.

Dept. of Agriculture and Consumer Services-Div. of Agricultural Envtl. Services

Proposed Regulations-Nitrogen Best Management Practices

Proposed rule amendment will adopt a specific interim measure for forage crops (Bahiagrass and Bermuda grass) grown within the Suwannee River Water Management District boundaries. A hearing, if timely requested, will be held Apr. 2.

DEQ is seeking comment on three draft guidance documents. Methods used by DEQ to evaluate physiochemical, physical habitat and biological data on water bodies are described in the “Water Body Assessment Guidance” draft document. In addition, the document outlines various strategies DEQ will use to determine water quality impairment. Two additional draft documents, “Idaho River Ecological Assessment Framework” and “Idaho Small Stream Ecological Assessment Framework,” detail DEQ’s technical methods used to assess the aquatic life of rivers and streams. Comments due May 1. See http://www2.state.id.us/deq/news/jan29_01a.htm

Proposed TMDLs

The Idaho and Oregon Departments of Environmental Quality (IDEQ and ODEQ) are seeking public comment on a draft sub-basin assessment of water quality in the Snake River where it flows between the two states. The Snake River-Hells Canyon TMDL Sub-Basin Assessment describes water quality concerns, state and federal regulations, and pollutant sources and control efforts on the Snake River between Adrian, Oregon, and the Salmon River. Comments due Apr. 13. See http://www2.state.id.us/deq/news/mar1201_a.htm and http://waterquality.deq.state.or.us/wq/TMDLs/TMDLs.htm

For sediment in Badger, Darby, Fox, Packsaddle, South Leigh, Spring, and North Leigh Creeks, and in the upper Teton River. In addition, DEQ is recommending establishment of a maximum allowable daily load for nitrogen in the Teton River from Highway 33 to Bitch Creek. Comments due Apr. 4. See http://www2.state.id.us/deq/news/mar0801_a.htm

35 Ill. Adm. Code 217, Subpart T, Cement Kilns, and Amendments to 35 Ill. Adm. Code 211 and 217. Adopted Mar. 1. The Board adopted a final opinion and order to amend its air pollution control regulations to implement a program to reduce nitrogen oxides emissions from large cement kilns in Illinois. See http://www.ipcb.state.il.us/Meeting/minutes.htm

Proposed Amendments to 35 Ill. Adm. Code 217. Subpart V, Electrical Power Generation. On Feb. 15, the Board adopted a second notice opinion and order in this matter to amend the Board’s air pollution control regulations.

Proposed New 35 Ill. Adm. Code 217. Subpart U, NOx Control and Trading Program for Specified NOx Generating Units, Subpart X, Voluntary NOx Emissions Reduction Program, and Amendments to 35 Ill. Adm. Code 211. The Board adopted a second notice opinion and order in this matter to amend the Board’s air pollution control regulations.

UIC Update, U.S. EPA Amendments (July 1, 2000, through Dec. 31, 2000); In the Matter of: RCRA Subtitle C Update, U.S. EPA Amendments (July 1, 2000, through Dec. 31, 2000). The Board on its motion consolidated these dockets and adopted a proposal for public comment in these "identical-in-substance" rulemakings to amend the Board’s underground injection control and hazardous waste regulations.

In the Matter of: Amendments to Livestock Waste Regulations, 35 Ill. Adm. Code 506. The Board accepted for hearing the Department of Agriculture’s Jan. 22 proposal to amend the Board’s livestock waste regulations, granted the motion to waive the filing requirement of nine copies of documents incorporated by reference, and adopted a first notice opinion and order in this matter. The proposed rules concern design and construction standards for livestock waste lagoons and non-lagoon livestock waste handling facilities. Additionally, the Department’s proposal seeks to amend the Board’s current livestock management rules by repealing Board rules that have been effectively superceded by rules promulgated by the Department. See 8 Ill. Adm. Code 900. In the Matter of: Amendments to Livestock Waste Regulations (Feb.15, 2001), R01-28. Public hearings Apr. 2 (Chicago) and Apr. 17 (Springfield). Written comments are accepted through May 1. See http://www.ipcb.state.il.us/RULES/proposal.htm

Proposed amendments to UST regulations -- The amendments that the Agency is proposing are intended primarily to clarify and refine certain provisions, taking into account the experience the Agency has gained in administering the UST Program and changes in the law since its adoption. Included in the proposed amendments is the addition of MTBE as an indicator contaminant in gasoline, in response to increased national health concerns. The Agency is proposing to recognize the role of licensed professional geologists in UST site evaluations. It is also proposing to let only accredited laboratories perform quantitative analyses of samples for use in UST remediation projects. Second hearing scheduled for Apr. 3; prefiled testimony must be submitted by Mar. In the Matter of: Amendments to Regulation of Petroleum Leaking Underground Storage Tanks: 35 Ill. Adm. Code 732. See http://www.ipcb.state.il.us/RULES/R01-026/Agency_Proposal.pdf

In the Matter of: Exemptions from the Definition of VOM Update, USEPA Amendments (July 1, 2000, through December 31, 2000)–The Board dismissed this reserved identical-in-substance docket because the U.S. EPA did not amend its exemptions from the definition of volatile organic material regulations during the update period.

In the Matter of: RCRA Subtitle D Update, USEPA Amendments (July 1, 2000, through Dec. 31, 2000)–The Board dismissed this reserved identical-in-substance docket because the U.S. EPA did not amend its non-hazardous waste regulations during the update period.

In the Matter of: UST Update, USEPA Amendments (July 1, 2000, through Dec. 31, 2000)–The Board dismissed this reserved identical-in-substance docket because the U.S. EPA did not amend its UST regulations during the update period.

Public hearing Apr. 4. The hearing will be held by the Illinois EPA Bureau of Air for the purpose of gathering comments on the proposed amendments to the rule. The proposal amends the Agency's rule that requires certain sources of air pollution to report air emissions. The major focus of the proposed amendments is to require enhanced reporting of hazardous air pollutants for sources in the Chicago area that are required to participate in the Emissions Reduction Market System, 35 Ill. Adm. Code 205. See http://www.epa.state.il.us/public-notices/2001/annual-emissions-report/index.html

Capacity is sufficient for next 16 years. During 1999, Illinois' 53 landfills reported accepting over 50 million cubic yards of nonhazardous solid wastes; up from just under 45 million cubic yards in 1998. Although the waste disposed increased 13%, the capacity declined only slightly due to new landfills opening in the second half of 1998. See http://www.epa.state.il.us/news-releases/2001/2001-105-landfill-capacity.html

Amends 329 IAC 3.1 to require two paper copies and an electronic report of groundwater laboratory analytical data and field parameters. Amends 329 IAC 12-7 to allow some flexibility in when the accredited training course for solid waste facility operators must be taken and adjusting the length of time the recertification is valid. Amends 329 IAC 13 to clarify secondary containment for used oil containers and aboveground tanks.

Proposed Regulation-Air Quality

Adds 326 IAC 10-3 for the control of nitrogen oxide emissions from specific source categories. Adds 326 IAC 10-4 for the establishment of a nitrogen oxides budget trading program. Comments due Apr. 23.

Draft rule language for amendments to 326 IAC 2 as required by P.L.112-2000 (HEA 1343). IDEM has also made changes to 326 IAC 2 regarding amendments necessary to obtain U.S. EPA's approval of the prevention of deterioration (PSD) rules as part of the state implementation plan and federal approval of the Title V permit program. IDEM proposes language to revise 326 IAC 2 to reflect P.L.112-2000 to provide clear exemptions to the different types of permittees. The general provisions of 326 IAC 2-1.1 are amended by:

(1) deleting the permitting thresholds based on potential to emit in section 326 IAC 2-1.1-3(b);

(2) revising insignificant activities as necessary to ensure that potential to emit is below the applicable thresholds;

(3) conditioning the exemptions to ensure that adding activities will not result in violations of federal requirements for major sources (major new source review in attainment and nonattainment areas and a federally enforceable state operating permit source becoming a Title V operating permit source) without review; and

(4) specifying exemptions for Title V operating permit sources in 326 IAC 2-7 along with the special requirements of 40 CFR Part 70.

The language also addresses U.S. EPA, permittee, and IDEM concerns regarding the expiration of certain conditions in permits that need to remain in effect during the operating life of the facility. Comments due Apr. 30.

Proposed Regulations-Water Quality

Amendments to general permit rules under 327 IAC 15 that affect Storm Water Run-Off Associated with Construction Activity, and Storm Water Discharges Associated with Industrial Activity. The amendments to Article 15, Rules 5 and 6, seek to modify and revise the existing rules to add the federal Phase II requirements, add changes to the Phase I program, and add clarity and effectiveness to the existing program. The environmental benefit to be achieved from this rulemaking is that it regulates storm water run-off which is known to be a leading cause of pollution in water bodies. Comments due May 2.

Amendments to 327 IAC 5 concerning stormwater discharges and on the development of new rule under the 327 IAC 15 general permit rule program to add the federal requirements for Municipal Separate Storm Sewer Systems (MS4s). Comments due May 2.

Proposed Regulations-Solid Waste

IDEM has opened for periodic review and readoption the following rules in Title 329 of the Indiana Administrative Code pursuant to comments received under IC 13-14-9.5: 329 IAC 1-1, 329 IAC 12-2, and 329 IAC 13-3. This rulemaking is required pursuant to IC 13-14-9.5, which provides for the expiration and readoption of administrative rules. A rule that was adopted under a provision of IC 13 and was in effect on Dec. 31, 1995, expires not later than Jan. 1, 2002. All rules adopted after that date under IC 13-14-9, with some exceptions listed in IC 13-14-9.5-1, expire on Jan. 1 of the seventh year after the year in which each rule takes effect. The First Notice of Comment Period and Continuation of First Notice of Comment Period opened all rules required to be opened in Title 329 for readoption, regardless of their initial effective date. Other comments received are being included and considered within other currently existing rulemakings. Public hearing May 15, at 1:30 p.m., at the Indiana Government Center-South, 402 West Washington Street, Conference Center Room A, Indianapolis.

IDEM opened the following rules in Title 329 of the Indiana Administrative Code pursuant to comments received under IC 13-14-9.5: 329 IAC 11-9, 329 IAC 11-11, and 329 IAC 11-14. This rulemaking is required pursuant to IC 13-14-9.5. Comments due May 1.

Ch. 13, “Waivers or Variances from Administrative Rules,” Iowa Admin. Code.The purpose of this rulemaking is to adopt waiver rules to implement Iowa Code §17A.9A and Executive Order No. 11, signed by Governor Vilsack on Sept. 14, 1999. The proposed action is to adopt by reference the currently proposed new 561-Chapter 10, “Waivers or Variances from Administrative Rules.” Notice of Intended Action proposing 561-Chapter 10 was published in the Iowa Administrative Bulletin as ARC 0495B on February 21, 2001. Comments due Apr. 10. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010321.html

Proposed Regulations-Air Quality

Amendments to Ch. 22, “Controlling Pollution,” Iowa Admin. Code. Item 1 incorporates the Department’s existing Title V Periodic Monitoring Guidance into the rule and allows the option for facilities to submit their own periodic monitoring plan. Periodic monitoring is required by 40 C.F.R. pts. 70.6 and 71.6 where the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring. Item 2 adopts by reference 40 C.F.R. pt. 64, Compliance Assurance Monitoring (CAM) for major stationary sources of air pollution that are required to obtain operating permits under Title V of the Clean Air Act. The fundamental requirements of CAM are to: (a) monitor compliance in a manner that is sufficient to yield data that provide a reasonable assurance of compliance and allow an owner or operator to make an informed certification of compliance; (b) take necessary corrective actions in response to the monitoring data; (c) report on the results of such monitoring; and (d) maintain records of such monitoring. Comments due May 4; public hearing Apr. 27. See http://www.state.ia.us/dnr/organiza/epd/airoper/aqoper.htm and http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010321.html

Proposed Regulations-Water Quality

Amendments to Ch. 60, “Scope of Title-Definitions-Forms-Rules of Practice,” and Ch. 64, “Wastewater Construction and Operation Permits,” Iowa Admin. Code. These amendments adopt by reference a new general permit for dewatering and process water discharge from mining and quarrying operations. Iowa Code §455B.173(12) allows the Commission to adopt general permits that will cover numerous facilities to the extent they are representative of a class of facilities that can be identified and conditioned by a single permit. The primary water quality concerns with discharges from mining and quarrying operations relate to suspended solids and pH. Therefore, a general permit with limits for those parameters and associated monitoring/reporting requirements will be protective of water quality. Under the terms of the general permit rule, the Department of Natural Resources could require an individual discharge permit if it was determined that the general permit was not protective enough or would cause violations of state water quality standards. The definition of “general permit” found in Chapter 60 is also being changed to conform with existing statute. In addition, some extraneous language is being eliminated and corrections are being made. Under present general permit rules, the information needed for a complete application is listed for each type of general permit. Inasmuch as the information required is clearly identified on the application forms, and the forms are rule–referenced documents, the item–by–item listing of the information is not needed. The public notice provisions for General Permits Nos. 1, 2, and 3 are also being consolidated and language relating to General Permit No. 3 is being added to Ch. 60. Comments due Apr. 10; hearing same date. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010321.html

Proposed Regulations-Animal Feeding Operations

Amendments to Ch. 65, “Animal Feeding Operations,” Iowa Admin. Code. The proposed amendments add several provisions pertaining to certification and related fees for manure applicators, including implementation of statutory provisions that exempt certain family members from payment of the confinement site manure applicator certification fee. The proposed amendments would also convert differential expiration dates for manure applicator certificates to a uniform date, add four lakes as major water sources and make editorial corrections. The proposed amendments also change the definition of “freeboard” to allow for the gravity unloading of an aboveground manure storage tank provided the tank is equipped with redundant valves and barricades, and an emergency response plan is available on site. Comments due Apr. 24; hearing same date. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010321.html

Proposed amendment would extend until July 1, 2002, the period during which the owner of a confinement feeding operation may remove and apply manure from a manure storage structure in accordance with a manure management plan that has been submitted to, but not yet approved by, DNR. Comments due Apr. 24; hearing same date. See http://www.legis.state.ia.us/Rules/2001/Bulletin/acb010321.html

401 KAR 65:010, Vehicle emission control programs. Would exempt affected military personnel from paying the required fee for vehicle testing and delete the definitions in Section 1 because they are added to 401 KAR 65:001. Public hearing Apr. 30; comments due same date.

Drinking water regulations were approved by the Administrative Regulations Review Subcommittee (ARRS) on Mar. 7. All regulations will be republished in the April Administrative Register. See http://water.nr.state.ky.us/dow/regs.htm#DW

DEP is proposing to incorporate amendments to NSPS and NESHAPS that have previously been delegated to the state and amended between July 1, 1997, and July 1, 2000, as well as several new NESHAPS categories. State law requires that this be in accordance with the State Administrative Procedure Act process, to ensure the state has full implementation and enforcement authority through the state's Title V licensing process. The Chapters incorporate standards for 138 types of source categories (both large and small businesses) that are subject to the federal standards. Deadline for comments Apr. 12. See http://www.state.me.us/sos/cec/rcn/apa/notices/030701.htm

Proposal will require certain electric generating units, resource recovery units, and major industrial sources to implement additional NOx controls beginning Jan. 1, 2003. The control requirements include an emission rate limit of 0.15 lbs. per million Btu for electric generating units and resource recovery facilities, and an emission rate limit of 0.20 lbs. per million Btu for industrial sources. The proposal will allow electric generating units operating at less than 35% of their annual capacity factor to satisfy a limited portion of their control requirement through the use of discrete emission reduction credits. An electric generating unit that is controlling its on-site emissions to a level no greater than 0.20 pounds per million Btu and operating at less than 355 capacity factor may use discrete credits to meet the shortfall between the 0.20 pounds per million Btu on-site control limit and the 0.15 pounds per million Btu emission limit. Credits must be obtained from sources located within New England that are within 150 miles of the Maine border, and are to be discounted two to one (i.e., two credits must be purchased for every ton of on-site emissions). The proposal also includes monitoring, recordkeeping, and reporting requirements. Comments were due Mar. 28. See http://www.state.me.us/sos/cec/rcn/apa/notices/022801.htm

Final Regulations-Oil Discharge Prevention and Pollution Control Rules for Marine Oil Terminals,Transportation Pipelines and Vessels

The rule changes incorporate the concept of universal waste into the Hazardous Waste Management rules and the Solid Waste Management rules. The rule tailors the requirements specifically to the type of waste, requires recycling of the waste (with some exceptions), and is designed to remove these wastes from the typical mismanagement scenarios. The waste types included in the rule are batteries, cathode ray tubes, lamps, mercury containing thermostats, and totally enclosed non-leaking PCB ballast. See http://www.state.me.us/sos/cec/rcn/apa/notices/013101.htm

Final Regulations-Labeling of Mercury-Containing Products

Final rule sets forth standards for affixing labels to mercury-added products packaging sold in Maine. The purpose of the label is to inform consumers that the item contains mercury and may not be discarded in municipal solid waste. Primary responsibility for labeling rests with the product manufacturer. Where strict compliance with the standards is not feasible or practical, the manufacturer may apply for approval of an alternative labeling plan. The rule allows mercury-added products sold in Maine to be labeled in the same manner as required in another state with corresponding requirements. Effective Mar. 4.

Agreement entered into between DEP, Maine Hospital Ass'n, and the Natural Resources Council of Maine to eliminate use of mercury-containing products by 2005 and reduce use of PVC-containing materials. See http://www.themha.org/new.html

MARYLAND

Office of the Governor

"Green" Executive Order

Executive order creates a commission to make recommendations and set criteria for constructing and maintaining energy efficient and environmentally responsible state facilities, setting goals for the purchase of "green power" and outlining a comprehensive energy conservation strategy. See http://www.gov.state.md.us/gov/press/2001/mar/html/green.html

Commission on Environmental Justice and Sustainable Communities Executive Order

Proposed amendments to Regulation .01 and the adoption of new Regulation .25 under COMAR 26.11.03 Permits, Approvals, and Registration-Part 70 Permits, which appeared in 26:22 Md. R. 1712-1717 (October 22, 1999), have been withdrawn by operation of law.

Part 615, Supervisor of Wells, Natural Resources, and Environmental Protection Act, and Supervisor of Wells, Instruction 1-2001, Nuisance Odor Standard for Hydrogen Sulfide at Wells and Surface Facilities. The amendments address concerns regarding hydrogen sulfide gas production and transportation. Supervisor of Wells Instruction 1-2001 was issued to define the concentration of hydrogen sulfide in ambient air at the point of exposure that may cause injurious effects to human health. The Instruction incorporates the recommendations of the Michigan Environmental Science Board in its report, entitled "Health Effects of Low-Level Hydrogen Sulfide in Ambient Air," and relevant amendments to the H2S rules. See www.deq.state.mi.us/gsd/oilpaga.html

Proposed Regulations-Air Quality

The Department is proposing to rescind R 336.1913 and R 336.1914 relating to emissions from malfunction, start-up, and shutdown of source processes and/or process equipment (2001-001EQ). Section 5509 of Act 451 required the adoption of these rules, but the U.S. EPA found them to be in non-conformance with both Section 110 of the federal CAA and Title 40 C.F.R. Part 70, requirements for the Title V Renewable Operating Permit Program. See http://www.deq.state.mi.us/cal/dq012901.htm

Proposed regulations would implement the Listed Metals in Specified Products program created by Minn. Stat. §115A.9651. If adopted, the proposed rule will make effective the recommendations of the Listed Metal Advisory Counsel (LMAC). The LMAC has recommended that the MPCA prohibit the distribution for sale or use of 22 “specified” or “new products” that contain “listed metals” as described in Minn. Stat. §115A.9651, Listed metals in specified products; enforcement. Comments due Apr. 18. See http://www.pca.state.mn.us/news/publicnotice/rule-0319a01.html

Proposed Regulations-Water Quality

MPCA is considering rule amendments that correct errors and omissions in the existing rules governing individual sewage treatment facilities. MPCA is proposing the following changes: (1) Reestablishment of the minimum suitable soil requirement for placement and use of mound systems. (2) Clarification of pipe requirements. (3) Clarify the cross-reference to existing Minn. Stat. §115.55, subd. 5a(c) and (d). Comments due Apr. 27. See http://www.pca.state.mn.us/news/publicnotice/rule-031901.html

Temporary amendment to NAC 444A.005 to 444A.470 to extend programs for separating at the source recyclable material from other solid waste to include public buildings in counties with populations greater than 100,000. The proposed temporary regulations add for public buildings the minimum standards and a model plan that were previously established for the source separation of recyclables at residential premises. Definitions for public building, paper, and paper product are added. NAC 444A.120 is proposed to be amended to add public buildings and 444A.130 is amended to provide for a municipality to make available a source separation of recyclable materials at public buildings. Hearing date will be set. See http://ndep.state.nv.us/sec/t2001-03.pdf

Temporary amendment to NAC 232 and/or NAC 444A. The proposed temporary regulation prescribes the paper and paper product recycling procedures for state agencies. The temporary regulation provides criteria for exemption from the recycling requirements, provides for clearly labeled containers, establishes reporting criteria by state agencies, and requires a building recycling plan to be submitted to the DEP. See http://ndep.state.nv.us/sec/t2001-04.pdf Draft guidance available at http://ndep.state.nv.us/sec/modplan.pdf

Permanent amendment to NAC 445B.001 to 445B.395, the air pollution control regulations. Amended is NAC 445B.194, which limits the criteria for temporary sources. NAC 445B.287 redefines the requirement when an operating permit or permit to construct is required. NAC 445B.288 redefines insignificant activities. NAC 445B.290 requires new stationary Class I sources to submit an application. NAC 445B.295 redefines the requirements for compliance plans. NAC 445B.316 amends the description of emissions trading to be modified to ensure consistency with 40 CFR Part 70 and provides conditions governing a permit shield. NAC 445B.331 is amended for change of location fees for Class I and II sources requiring 10 days advanced notice. See http://ndep.state.nv.us/sec/p2000-12.pdf

Temporary amendment to NAC 445B.001 to 445B.395. The proposed temporary regulation amends NAC 445B by creating and defining a new classification of operating permits. The new Class III permit will provide eligible sources (those emitting 5 tons or less of specific pollutants) a streamlined permitting process, which includes accelerated permit review and issuance and lower permitting fees. See http://ndep.state.nv.us/sec/t2001-05.pdf

DES revealed a "first in the nation" plan for reducing dioxin emissions in half within two years. Recommendations include working with hospitals to close medical waste incinerators in favor of environmentally safer methods of waste management, such as recycling and sterilization techniques; reducing the use of chlorine-treated products that emit dioxins when burned; measuring dioxin emissions from wood-burning utilities; and encouraging the replacement of older wood-burning stoves with new, more efficient models. The strategy also recommends banning the backyard burning of household waste, which is responsible for an estimated 15% of dioxin emissions. See http://www.des.state.nh.us/ard/dioxin/press_dioxinstrategy.htm and http://www.des.state.nh.us/ard/dioxin/strategy.pdf

Proposed Regulations

Proposed Administrative Rule: Env-Ws 386.47, Protection of the Purity of Lake Massabesic and its Tributaries. Public hearing was Mar. 22; comments due Apr. 2. See http://www.des.state.nh.us/hearings.htm

Standards will require new developments using septic systems to undergo the same environmental assessments as proposed new sewer service areas. The rule, known as Subchapter 6 of the Water Quality and Watershed Management Rules, became effective Mar. 20. The rule applies to residential developments of six or more units and commercial development discharging 2,000 gallons of wastewater or more per day into the ground. See http://www.state.nj.us/dep/newsrel/releases/01_0006.htm

The Senate passed a budget resolution (S.R. 946) that provides for restructuring and refinancing of the state's fiscally troubled superfund program. See http://www.senate.state.ny.us/Docs/press/press022.html. The Assembly followed with a resolution (A.R. 421) that provides a record level increase in funding for the environmental protection fund, including $28 million for municipal parks and waterfront rehabilitation and more than $60 million for open space land acquisition. It also includes funding for asthma projects and measures to stimulate the cleanup and remediation of brownfield sites. But while it would provide renewed financing for the Superfund program, it would not restructure it. See http://assembly.state.ny.us/Press/20010320/

Dept. of Envtl. Conservation

Proposed Regulations-Radioactive Waste Disposal

A proposed rulemaking was filed with the Department of State on Oct. 27, 2000, to regulate the disposal of the radioactive wastes generated by the extraction or concentration of uranium or thorium where such waste is not regulated by the U.S. NRC. The primary source of these wastes is sites where uranium and thorium were refined during and shortly following World War II. Under this amendment, these wastes must be disposed of as radioactive waste and in accordance with Part 380. The comment period, previously scheduled to close on Mar. 21, has been extended through Apr. 2. See http://www.dec.state.ny.us/website/enb/20010321/not0.html

Penalty Assessment

General Electric Company and DEC have reached agreement on a consent order requiring thecompany's Silicone Products Division in Waterford, Saratoga County, to pay a $250,000 civil penalty for past environmental violations and spend $130,000 for wastewater treatment improvements. See http://www.dec.state.ny.us/website/press/pressrel/2001-47.html

Issued by the Clean Air Coalition; endorses additional legislation to address air emission concerns. The plan recommends reductions in NOx, sulfur dioxide, and mercury; a cap on summertime NOx emissions at 23,000 tons, an 80% reduction compared to 1998 levels; a cap on year-round NOx emissions at 50,000 tons, an 80% reduction compared to 1998 levels; a cap on sulfur dioxide emissions at 85,000 tons annually, an 82% reduction compared to 1998 levels; a 90% reduction in mercury emissions compared to 1998 levels; and a reduction in greenhouse gas emissions to 1990 levels. See http://www.environmentaldefense.org/pubs/NewsReleases/2001/Mar/c_NCcleanair.html

Proposed expansion of hog farm in Shelby County. The facility is currently permitted to house 1,920 hogs in two barns. The proposed expansion would add 1,920 hogs in two new buildings, for a total of 3,840 hogs. Regulation of livestock management for hog operations falls under OEPA's authority if a facility proposes to house 2,500 or more hogs of at least 55 pounds each. Comments due Apr. 20. See http://www.epa.state.oh.us/pic/nr/2001/march/clfarm.html

Snake River-Hells Canyon TMDL Sub-Basin Assessment, for the Snake River between Adrian, Oregon and the Salmon River. The assessment includes information on the Brownlee, Oxbow, and Hells Canyon Dam reservoirs, and the Hells Canyon National Recreation Area. Comments due Apr. 13; public meetings were Mar. 21-22. See http://www.deq.state.or.us/news/releases/159.htm

Final Regulations-Stormwater Management

Final regulations provide that stormwater discharge permits will be required for construction activity in Oregon affecting more than one acre, effective Dec. 1, 2002. Currently, the permits are required for land disturbance activities affecting five acres or more. See http://www.deq.state.or.us/news/releases/139.htm

Oregon City man sentenced to three years of probation and six months of home detention for illegally allowing the discharge of pollutants into the Willamette River at the former Smurfit Newsprint Corp. plant (now Blue Heron) in Oregon City between 1994 and 1999. See http://www.deq.state.or.us/news/releases/163.htm

12 public forums through May 24 for the purpose of collecting public input on the Commonwealth's current and future water resource needs. Issues are: (1) What one water resource need or issue do you feel needs greatest attention in your community?; (2) What tools do Pa. agencies need to help ensure adequate water supplies? See http://www.pabulletin.com/secure/data/vol31/31-12/510.html

The proposed amendments include regulations governing household hazardous waste collection events, grants, and transportation and management. The proposed changes clarify the regulations to make them consistent with the Small Business and Household Pollution Prevention Program Act (35 P. S. §§6029.201--6029.209) (Act 190), which was passed after most of the existing household hazardous waste regulations were written. The proposed changes to Article VII (relating to hazardous waste management) correct the inadvertent 1999 incorporation by reference in Article VII of U.S. EPA's regulatory exemption of household hazardous waste from regulation as hazardous waste. The proposed changes to Article VIII (relating to municipal waste) are designed to ensure that waste collected as part of an organized household hazardous waste collection continues to be properly transported and managed as hazardous waste rather than as part of the municipal waste stream. Household hazardous waste not collected as part of an organized collection will continue to be managed as municipal waste. Comments were due Mar. 12. Seehttp://www.pabulletin.com/secure/data/vol31/31-6/219.html

Proposed rules intended to bring DEC, Division of Radiological Health, standards into compliance with various changes that the U.S. NRC has made to Title 10, C.F.R. The rulemaking affects Chapters 1200–2–4, 1200–2–5, 1200–2–7, 1200–2–8, 1200–2–10, and 1200–2–12. Its various additions and modifications will incorporate: new definitions and changes in low–level waste shipment manifest requirements, new definitions and additions to transportation of radioactive material requirements, bringing them into compatibility with those of the NRC and of the International Atomic Energy Agency, resolution of dual regulation of airborne radioactive material effluents, currently subject to regulation by both the Division of Radiological Health and the Division of Air Pollution Control under the CAA, clarification of the reciprocal recognition of licenses issued by the Division in areas under exclusive federal jurisdiction, criteria for the release of individuals administered radioactive material as radiopharmaceuticals or permanent implants, changes to industrial radiography requirements, including certification of radiographers, use of two-man teams, and equipment performance requirements, radiological criteria for termination of radioactive material licenses, provision for the receipt, possession, use, transfer, ownership or acquisition of a radioactive drug that contains one microcurie (1 m Ci) of carbon–14 urea, revised definitions of "occupational dose," "member of the public," "public dose," "misadministration," changes to 1200–2–10–.13, Special Requirements for Issuance of Specific Licenses, affecting the manufacture, preparation or transfer for commercial distribution of radiopharmaceuticals containing radioactive material for medical use under group licenses. Hearing Apr. 23. See http://www.state.tn.us/environment/rad/radppo/apr2301sum.htm and http://www.state.tn.us/environment/rad/radppo/apr2301.htm

Repeal of Airport Ground Support Equipment Rules in Dallas/Fort Worth (DFW). As a result of the litigation over the airport ground support equipment rules adopted for the DFW area on April 19, 2000, the Commission is negotiating with the major airlines and airport operators to replace the existing rules with agreed orders. The existing rules are being repealed. Comments due Apr. 27. See http://www.tnrcc.state.tx.us/oprd/hearings/ph01013a114.pdf

Corrections to Cap and Trade Rules-Applicability. Revisions will provide that any facility, or group of facilities, located at site in the Houston/Galveston ozone nonattainment area, that has (have) nitrogen oxide emission standards in Chapter 117 and emissions of ten tons or more per year is required to comply with Chapter 101, Subchapter H, Division 3, Mass Cap and Trade. Comments due Apr. 26. See http://www.tnrcc.state.tx.us/oprd/hearings/ph01015101.pdf

Payments will be deferred for claims up to $10,000 for tank releases reported April 1 and later. "This step is necessary to maintain equitable distribution of the money available for tank cleanups," DEQ Director Dennis H. Treacy said. "Our priority continues to be the protection of the environment and people's drinking water supplies." Recent unprecedented demand on the Virginia Petroleum Storage Tank Fund has created a backlog of unpaid claims. For example, claims increased 65% between 1998 and 1999 (up $11.5 million to $28.5 million), and 20% between 1999 and 2000 (up $5.5 million to $34 milli on). About $24 million is available in the fund each year to pay claims. If demand on the fund continues to grow, additional reimbursement delays or deferred reimbursements may be necessary, Treacy said. See http://www.deq.state.va.us/tanks/reimchg.html and http://www.deq.state.va.us/cgi-bin/deq/prweb/BrowseRecord.cgi?URL_NAME=NEWS&ID=22

Suspension of Effective Date-Solid Waste Regulations

DEQ suspended the effective date of the transportation of solid and regulated medical waste on state waters regulation, 9 VAC 20-170-10 et seq., in response to comments that changes made post-comment period amount to a substantial revision under the Virginia APA. The final regulation was published in the Va. Register on Jan. 15 (Vol. 17, Issue 9). The Waste Management Board will receive comments on the changes made to the regulation until Apr.12. See http://www.deq.state.va.us/cgi-bin/deq/prweb/BrowseRecord.cgi?URL_NAME=NOTICE&ID=82

Proposed amendments to the Water Protection Permit Program Regulation (9 VAC 25-210) and the proposed adoption of general permit regulations (9 VAC 25-660, 25-670, 25-680 and 25-690) (VWP General Permit for Impacts Less Than One-Half Acre (9VAC25-660-10 et seq.), VWP General Permit for Facilities and Activities of Utilities (9VAC25-670-10 et seq.), VWP General Permit for Linear Transportation Projects (9VAC25-680-10 et seq.) and VWP General Permit for Impacts from Development Activities (9VAC25-690-10 et seq.)). Public meetings Apr. 2, 3, and 5. See http://www.deq.state.va.us/cgi-bin/deq/prweb/BrowseRecord.cgi?URL_NAME=NOTICE&ID=84 and http://www.deq.state.va.us/regulations/xwaterregs.html (copies of proposed regs., permits).

Proposed regulations would address polluted runoff. For a summary of the rule changes, drafts of the proposed rules, and other information regarding restructuring of the state’s nonpoint source pollution programs, see http://www.dnr.state.wi.us/org/water/wm/nps/admrules.html Under the proposal, croplands within 1,000 feet of a lake or 300 feet of a stream or river will need to have vegetated buffers ranging from 10 feet to 35 feet wide along the waterway. Additional conservation measures will be required in concert with buffers of less than 35 feet wide. The previously proposed requirement to reduce erosion from these croplands to one-third of "T," the tolerable soil loss standard, has been eliminated. The proposal also includes criteria to determine whether farmers are eligible for financial assistance to use or install runoff control measures. The definition of new and expanding operations now focuses on how they manage the land rather than ownership. Roles and responsibilities of state and local governments for implementing and enforcing requirements for agricultural operations are addressed. Golf course, corporate campus, and other owners/operators of private property in urban areas who use fertilizers or pesticides on five or more acres of lawn must follow a plan to apply those materials.

The recently created CITES Tiger Enforcement Task Force met in New Delhi.

CLIMATE CHANGE

U.S. President George W. Bush confirmed his opposition to the unratified Kyoto Protocol, saying that it had not passed the U.S. Senate in a previous attempt and that he would not resubmit it in its present form. "The president has been unequivocal," spokesperson Ari Fleischer said. "He does not support the Kyoto treaty. It exempts the developing nations around the world." Fleischer stressed that the Senate voted 95-0, before the treaty was passed, that it could not support a pact that did not bind developing and developed countries alike. The Administration was said to be interested in seeking alternative approaches. See http://news.ft.com/ft/gx.cgi/ftc?pagename=View&c=Article&cid=FT3LD0GOVKC&live=true

Several countries expressed concern and disappointment. See http://washingtonpost.com/wp-dyn/articles/A5959-2001Mar28.html European Union (EU) Environment Commissioner Margot Wallstrom said that the EU "is still open to discuss [the U.S.'s] problems, but the outcome must be balanced and meet the commitments undertaken. . . we will not let the U.S. dictate the whole process." Some commentators suggested that EU members were actually pleased with President Bush's decision, since they are far behind schedule in implementing Kyoto objectives and are themselves encountering economic and/or political opposition.

Tomihiro Taniguchi, vice-chairman of the Intergovernmental Panel on Climate Change, joined those expressing disappointment at the U.S.'s position.

The United Kingdom (U.K.) launched the Carbon Trust, designed to give financial aid to businesses seeking to invest in clean technologies. Environmental groups said the designated funding was not enough.

Speakers at a climate change forum at the London Stock Exchange suggested that stockholder pressure and international activity could spur firms to reduce greenhouse gas emissions independent of government statutes or regulations.

Japan's Nuclear Safety Commission, in an annual report, for the first time expressed concern about plant safety. The report recommended that steps be taken to maintain safety and regain public trust of the nuclear power industry, which uses 51 reactors for one-third of the country's energy needs. "The use of nuclear power has many benefits...but at the same time there are potential dangers implicit in its use that call for an unflagging effort to maintain safety," the government said.

The European Commission recommended that member states be required to treat certain environmental violations, particularly those involving serious damage to habitat, to be criminal in nature. Environment Commissioner Margot Wallstrom said "(t)hese offenses would include polluting water supplies, various forms of air pollution, trading in protected species, and serious damage to protected habitats."

The European Ombudsman issued an order requiring the European Commission to hand over two requested reports to the environmental group Friends of the Earth. The Commission had refused to turn over the documents, claiming a "privacy" exception from the Arhus Convention on the basis that they were prepared by an independent consultant. See http://www.euro-ombudsman.eu.int/icons/lgdag.gif

The European Commission accused Sweden of noncompliance with Directive 92/43/EEC, Conservation of Natural Habitats and Wild Fauna and Flora. Similar cases are pending against Ireland, Germany, and France.

Poland took steps to halt the import of junk vehicles in an effort to comply with EU Directive 2000/53/EC, End-of-Life Vehicles.

German protestors chained themselves to railroad tracks, thus at least temporarily preventing the unloading of French nuclear waste at the Gorleben disposal facility.

The Danish Government has decided to draw up a national strategy for sustainable development. The Government has published a draft of the strategy in March for use as a discussion paper for public comment. The strategy is expected to be finalized in June. See http://www.mex.dk/uk/vis_nyhed_uk.asp?id=1266&nyhedsbrev_id=139

The European Court of Justice, in a significant ruling, held that a German law that requires electric suppliers to purchase power from wind generators at favorable rates is not a violation of EU rules restricting state aid pursuant to the Treaty of Amsterdam. See http://europa.eu.int/ecj

CANADA

Canadian International Trade Minister Pierre Pettigrew said he expected that free trade in lumber with the United States would begin to apply Apr. 1, given the expiration of a five-year agreement limiting exports to the United States.

Environment Minister David Anderson tabled in Parliament a bill to amend the Canadian Environmental Assessment Act. The government has committed $51 million over five years to implement these changes. Major proposed changes include: focusing the Act on those projects with a greater likelihood of adverse environmental effects; improving coordination among federal departments and agencies when several are involved in the same assessment; reaffirming and enhancing cooperation with other governments in conducting environmental assessments where jurisdictions overlap; increasing certainty in the process in order to reduce the potential for project delays and cost increases; improving compliance with the Act; strengthening the role of follow-up to ensure that sound environmental protection measures are in place for the project; improving the consideration of cumulative effects (the combined effects of many projects in a region over a long period of time); providing convenient, more timely access to reports and other information about an assessment; strengthening the incorporation of Aboriginal perspectives in the federal process; and expanding opportunities for public participation. See http://www.ceaa.gc.ca/0007/0001/0001/nr010320_e.htm

Ontario's government will impose strict emissions limits on the electricity sector and require the Lakeview Generating Station in Mississauga to cease burning coal, Environment Minister Elizabeth Witmer announced. “The government is keeping its promise to ensure the environmental integrity of the future electricity market in Ontario,” Witmer said. “Our review of coal-fired plants is now complete, and while this framework of actions comes with a price, the benefits will be priceless-cleaner air and healthier communities across Ontario.” The proposed caps would reduce current limits on six fossil-fuel plants currently owned by Ontario Power Generation; the limits on smog-causing nitrogen oxides would be reduced by 53%, while the cap on sulphur dioxide would be cut by 25%. The government also proposed that the Lakeview Generating Station cease burning coal by Apr. 2005. See http://www.ene.gov.on.ca/envision/news/032601.htm and http://www.ene.gov.on.ca/envision/news/032601mb1.htm

The Ontario Government also proposed to introduce emissions reduction trading. Initially, Ontario’s proposed system of emissions reduction trading would revolve around the fossil fuel power stations currently owned by Ontario Power Generation, but later be expanded to include more power stations and more sectors of industry. See http://www.ene.gov.on.ca/envision/news/032601mb.htm

In addition, the ministry is updated or developing 145 air standards in the first major overhaul of environmental standards in more than 20 years. Decisions on 18 high priority air standards were posted on the Environmental Bill of Rights registry. Standards for 14 substances, including methanol and mineral spirits, have been strengthened. Four other standards were reviewed and have been reaffirmed as being tough enough at their current levels. See http://www.ene.gov.on.ca/envision/news/032001.htm

The government also announced it will implement a new provincial guideline for commercial/ industrial boilers and heaters. The new guideline imposes limits on NOx emissions by new, large boilers and heaters. The ministry also posted for consultation a proposed new air standard for n-hexane and released two discussion papers, one on risk management and the other dealing with mathematical models used to predict air emission concentrations.